Chapter 8 Multiple choice questions

. According to the Twelve Tables, the order of succession of a Roman citizen who died intestate was:

gens, cognates, wife in manus.

wife in manus, emancipated children, gens.

agnates, gens, emancipated children.

sui heredes, the nearest agnate, gens.

. The Praetorian order of intestate succession was:

husband and wife, children (including emancipated children), heirs-at-law, cognates.

children, heirs-at-law, cognates, husband and wife.

cognates, agnates, heirs-at-law, children.

agnates, cognates, children, husband and wife.

. Bonorum possessio:

was a remedy from the ius civile that altered the existing rules on intestate succession.

was a praetorian remedy whereby a deserving claimant could obtain possession of whole or part of an estate despite being ineligible to inherit under the ius civile rules of intestate succession.

effectively made the deserving claimant an heir in terms of the ius civile.

could be brought within a period of 3 years after the death of the testator.

. The Justinianic order or intestate succession was:

descendants, ascendants (including full brothers and sisters); half-brothers and half-sisters; nearest other collaterals; surviving spouse.

surviving spouse, cognates, agnates, emancipated children.

cognates, agnates, descendants, the surviving spouse.

the surviving spouse, gens, emancipated children.

. The category sui et necessarii heredes did not include:

children in power.

emancipated children.

grandchildren in power.

wife in manus.

. As a general rule, those who had the capacity to make a will (testamenti factio activa) included:

non-citizens.

persons alieni iuris.

persons above the age of puberty (14 for boys, 12 for girls).

insane persons and prodigals.

. The Senatus consultum Tertullianum of c. 130 AD:

gave all children, whether legitimate or illegitimate, a primary right to succeed to their mother's estate.

gave all children, whether legitimate or illegitimate, a right to succeed in the same class/degree as the nearest agnate.

applied to all mothers irrespective of the number of children.

applied only to mothers who had given birth to 3 or more children (4 if a freedwoman).

. The testator's capacity to make a will:

had to exist only at the time the will was read.

had to exist only at the time the will was made.

had to exist at the time the will was made and generally had to continue until the testator's death.

if lost before death, could not be cured in favour of the heirs by way of bonorum possessio.

. The military will (soldier's will):

was a special form of will that arose during the first century BC.

required the observance of the same formalities as the comitial will.

could also be made once a soldier had been discharged from active military service.

was only valid for a period of one year after military service had ended.

. Those who could take under a will included:

foreigners without the ius commercium.

incertae personae as long as they belonged to a clearly defined group/class.

heretics (in Justinianic law).

the drafter of the will.

. In a mancipatory will:

the document used to record the transaction had to be signed by the testator (late Republic).

had to written by the testator in his own hand.

could be completed in different stages without invalidating the transaction.

could be written by someone other than the testator.

. The formal institution of the heir in a Roman will:

had to occur at the start of the will without exception.

always had to use the following wording "Be X my heir" or "I direct X to be my heir".

could be made subject to a suspensive condition.

was limited to a single heir only.

. An heres necessarius was:

a slave of the testator, who was instituted as an heir and simultaneously manumitted in the will.

an heir who was in the power of the testator at his death and who became sui iuris thereafter.

an heir who was not in the power of the testator at his death.

none of the above.

. The ius civile rules on exheredatio stated:

that sui heredes could be excluded from benefiting under a will by implication.

that sui heredes could be excluded from benefiting under a will without having to observe specific formalities.

that, as a general rule, sons in power could be disinherited by name.

all of the above.

. The Praetorian rules of exheredatio stated:

only sons in power had to disinherited by name.

all sui heredes could be disinherited using a general clause.

sui heredes who had been omitted from the will could claim bonorum possessio from the Praetor.

omitted postumi had no claim to the inheritance.

. Trusts (Fideicommissa) were created:

only in writing.

with the same formalities required for the mancipatio act.

with virtually no formality as long as the expression of the intention was clear. [But see the preferred words used].

none of the above.

. In classical (i.e. of the first three centuries of the Empire) Roman law, the querela inofficiosi testamenti could not be brought by:

ascendants.

descendants.

brothers and sisters.

slaves manumitted by will and simultaneously instituted as heirs.

. The Lex Falcidia (40 BC) awarded the heir:

a quarter of the net estate, provided that it was solvent.

a third of the gross estate irrespective of its solvency.

a third of the net estate irrespective of its solvency.

none of the above.

. A legacy per vindicationem:

allowed the legatee to take the gift before the inheritance was distributed.

created a duty for the heir to permit the legatee to take the thing for himself.

was based on an instruction from the testator to the heir to give the legacy to the legatee.

derived its name from the legatee's right to bring a vindicatio, if necessary, to obtain the property from the person in possession.

. Beneficium inventarii:

protected the creditors of a solvent estate by separating it from the heir's insolvent estate.

developed in early Roman law.

limited the heir's liability for the debts of the deceased to the assets of the inheritance, provided that an inventory of the estate had been made within a specified time.

could be drawn up informally without the need for witnesses.

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